[Amended 10-2-2017 by L.L. No. 1-2017]
No person, firm or corporation, including public service companies
and municipalities other than the Village of Fishkill, shall make
any excavation or perform any construction in any street or highway
or public right-of-way in the Village of Fishkill for any purpose
without first obtaining a permit therefor from the Village Clerk,
as hereinafter provided.
[Amended 8-4-2003 by L.L. No. 6-2003; 10-2-2017 by L.L. No. 1-2017]
A.
Applications for permits shall be filed in writing with the Village
Clerk upon application blanks which the Clerk shall provide or in
such other manner as the Clerk shall from time to time prescribe.
Applications shall state the nature, a location, extent and purpose
of the proposed excavation and/or construction and shall contain the
following detailed information:
(1)
The extent and location of the excavation or construction. (Provide
mapping of project.)
(2)
The length, width and expected depth of the excavation or length,
width and height of the construction.
(3)
The name of the contractor, including contractor's insurance
information.
(4)
Evidence of insurance (liability, business, workers' compensation,
etc.).
(5)
Notice shall be made to all utility companies as required by state
law.
(6)
Evidence of compliance with Village Code provisions with regard to
water hookups.
(7)
Any additional information regarding the project which may be required
by the Superintendent of Public Works or the Village Engineer.
B.
Application by public service companies must be accompanied by a
general undertaking in such form as may be approved by the Board of
Trustees. The said general undertaking is tendered to assure that,
after completing the excavation or construction project, said applicant
shall leave the street, highway, sidewalk, pavement, public right-of-way,
curb or gutter in the same condition as it was prior to the excavation
or construction.
C.
Applications by persons, firms or corporations other than public
service companies for excavations or construction in the street, highway
or public right-of-way must be accompanied by a performance bond of
$10,000, or in the alternative a minimum cash deposit of $5,000 (cash
or certified check only), with the Village Clerk to assure that, after
completing the excavation or construction, said applicant shall leave
the street, highway, pavements, public right-of-way and curb or gutter
in the same condition as it was prior to the project. In the event
the applicant fails to repair or replace such pavement, curb or gutter
in the time provided in the permit, the bond/deposit shall be forfeited
to the extent necessary to repair such surface as left undone by the
applicant.
D.
Emergency procedure. In the event of an emergency that requires any excavation or construction in a Village street, highway or public right-of-way (such as, for example a gas leak, water leak, etc.), the application required in Subsection A hereof shall be filed within 48 hours of the occurrence of such emergency. If such emergency occurs on a holiday, weekend or other day when the Village offices are closed, then the Subsection A permit application shall be filed on the next business day after the occurrence of the emergency.
[Amended 8-4-2003 by L.L. No. 6-2003]
Each applicant must pay a permit fee of $50
to the Village Clerk for each individual excavation, except those
for utility poles. The aforesaid permit fee includes the initial inspection
by Village officials. In the event that any additional inspections
are deemed necessary (as determined by the Village Engineer or Superintendent
of Public Works), the applicant shall pay to the Village $50 per inspection
for any such additional inspections.
A.
The applicant shall file with the Village Clerk a
general liability insurance policy or certificate of insurance naming
the Village of Fishkill as an additional insured at the same time
he files his application for a permit. The Board of Trustees shall
approve the policy as to form.
B.
The policy shall insure the Village of Fishkill and
the applicant and shall cover all operations relative to the excavation
and reconstruction thereof. Said policy shall have limits of liability
of $100,000 for bodily injury to each person and aggregate liability
of $300,000 for each accident, and property damage liability of $5,000
for each accident and aggregate property damage liability of $25,000.
C.
In lieu of the aforesaid liability insurance, public
service companies may submit a general undertaking in such form as
shall be approved by the Board of Trustees.
The Village Engineer may require any person
making a highway excavation pursuant to a permit granted hereunder
to give notice of such excavation to public service companies or municipal
districts having lines, mains or other property in the streets, and
when such notice shall have been required, no work shall be commenced
or done under such permit until such required notice has been fully
complied with to the satisfaction of the Village Engineer.
A.
Any person making an excavation covered by Part 1 of this chapter shall erect suitable barriers or guards for the protection of persons using the streets or sidewalks and, in addition thereto, shall set up and maintain during the hours of darkness sufficient lights or flares to properly illuminate the area. He shall also take all necessary precautions for the protection of the property of the Village, of public service companies or municipal districts and of others which may be endangered by such excavation or the work incident thereto, and shall comply with all directions given by the Village Engineer with respect to such barriers, lights, flares and protective measures.
B.
Every person who constructs a sidewalk or curb shall
guard any excavation or work by guardrails, red signal lights or any
other means as may be necessary to warn pedestrians and others of
the danger to be approached.
A.
Work under the permit shall be commenced within 30
days from the date of the issuance of the permit and continued in
an expeditious manner unless extension of this period is approved
by the Village Engineer.
B.
Construction.
(1)
When work is being performed on any Village street,
no pavement cuts or trenches are to be left unfilled overnight except
in emergencies, and in such cases adequate precautions must be exercised
to protect traffic. When working on any Village street or road, contractors
must complete final backfilling of any trench within 18 days from
the time of its opening.
(2)
All pipes or mains crossing highway pavement shall,
whenever possible, be driven beneath the roadway without disturbance
from the edge of the pavement. Such crossover pipes shall, whenever
possible, be enclosed in sleeves or larger pipes so that repairs or
replacements may be made in the future without future disturbance
of the roadway pavement.
(3)
In the event that a trench is opened, the trench will
be compacted to within four inches of the road surface after completion
of the necessary work and construction. The existing asphalt surface
shall then be cut back at least 12 inches on either side of the undisturbed
subgrade.
(4)
At the discretion of the Village Engineer, the contact
surfaces, the packed surfaces and/or adjacent pavement edges shall
be painted and sealed with approved bituminous and/or bluestone material
before or after placing the course of asphalt, which shall be four
inches of New York State Specifications 1-A hot plant mix. This course
shall be rolled with an eight-to-ten-ton roller, and surface variations
in excess of one-fourth of an inch shall be eliminated or the pavement
relaid.
(5)
If the trench work is in the earthen shoulder of the
roadway, the proper compaction as outlined above shall apply, with
the addition of a covering of sod or grass seeding as specified by
the Highway Department of the Village of Fishkill.
C.
Traffic control. Traffic is to be maintained at all
times during the progress of work. Adequate signs, barricades and
lights necessary to protect the public shall be provided. Flagmen
to direct traffic shall be employed continuously during periods when
only one-way traffic can be maintained or when equipment is operated
back and forth across the pavement area. No construction equipment
or materials shall be left on the pavement after working hours; nor
shall any construction equipment or materials be placed in any way,
manner or location that will obstruct the highway or railroad warning
signs. Barricades, whether in sidewalk or roadway areas, shall have
prominently displayed for police convenience the address and telephone
number of someone available 24 hours a day who shall reestablish the
same in an emergency. Access to adjacent property shall be maintained.
D.
Notification. The applicant will be responsible for
notifying the Highway Department 24 hours prior to street opening
and street closing.
